Trump Colorado Case: What Is The 14th Amendment And How Has It Historically Been Used?
Forbes Breaking News
3 min, 32 sec
The video discusses the implications of the 14th Amendment in barring former President Donald Trump and others from holding office, based on actions related to insurrection or rebellion.
Summary
- The 14th Amendment was originally designed to prevent former Confederates from holding office after the Civil War.
- Congress can remove disqualification by a two-thirds vote, as done with general amnesty bills in the 19th century.
- Recent applications focus on the January 6 Capitol riot, with cases against various politicians.
- Some cases were dismissed or deemed not ripe, while others led to disqualification, like in New Mexico and the recent Colorado Supreme Court ruling.
Chapter 1
The video begins with the introduction of law professor Stan Brand who will discuss the 14th Amendment and its implications for election ballots.
- Stan Brand is introduced as a law professor and former general counsel to the US House of Representatives.
- The topic is set to explore the Colorado Supreme Court's ruling on the 14th Amendment and its impact on the 2024 primary ballot.
Chapter 2
The 14th Amendment was passed post-Civil War to prohibit former Confederates from holding office, with the possibility of Congress lifting the ban.
- The amendment aimed to prevent individuals who engaged in rebellion or insurrection and had sworn an oath to the U.S. from holding office.
- Congress passed amnesty bills in the late 19th century to allow former Confederates to seek office again.
- The amendment has seen little application since the post-Civil War era until recent events.
Chapter 3
Recent cases involving the 14th Amendment are discussed, including actions against politicians in relation to the January 6 Capitol riot.
- Cases have emerged against politicians like Representative Cawthorn and Marjorie Taylor Greene but were resolved differently.
- An amnesty act from 1872 was determined to be prospective, not applicable to Cawthorn.
- In Georgia, an administrative law judge ruled that Marjorie Taylor Greene's actions on January 6 did not constitute insurrection.
Chapter 4
The video discusses a New Mexico case where a county commissioner was barred from running for office and mentions other pending cases across states.
- A New Mexico county commissioner was disqualified from running for office due to involvement in the January 6 events.
- Other cases in various states have been dismissed or are not yet decided, highlighting the ongoing legal challenges.
Chapter 5
The Colorado Supreme Court's ruling against former President Trump's 2024 primary ballot appearance is discussed, along with similar cases nationwide.
- The Colorado case is the first instance where a state's highest court ruled on the applicability of the 14th Amendment in this context.
- There are other cases in different states that have not been finally decided, indicating a broader impact of the amendment on contemporary politics.
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